• Narrow screen resolution
  • Wide screen resolution
  • Auto width resolution
  • Increase font size
  • Decrease font size
  • Default font size

Your Criminal Record

Many people do not want to get arrested for only the most obvious reasons. Naturally no one wants to pay a fine, conduct forced community service, or spend time in jail. But the effects of a conviction can last longer than you may realize. A criminal record can follow you for the rest of your life, affecting your job prospects, reputation, and political capital.

If you have been convicted of a crime, it is important to know what other people can and cannot learn about your history, and how this information may impact your life. This article will cover what employers and other people can and cannot access, and how they can treat you.

First, it is important to know that arrest records are public information. In this era of the internet, virtually anyone can learn your history by checking a court system website, hiring a background check agency, or simply entering your name into a search engine. Let's say one of these people is your current or prospective employers, and let's say they discover an old arrest or conviction in your records. Will that allow them to turn down your job application?

In Wisconsin, thankfully the answer is generally no. Turning down an applicant because of a prior arrest or conviction that is not related to the job he or she wants is considered an illegal form of discrimination. However, it is legal to turn down an applicant if the prior conviction reflects on his or her ability to do the job; for example, refusing to hire a cashier who stole from his or her previous employer is acceptable.

One exception to this is a pending charge. If you having recently been arrested and are currently going through the court process, a prospective employer may turn you down if court hearings and potential sentences would interfere with your job.

Although arrests and convictions are generally public information, certain kinds of records are not. It would be very difficult for a person to legally obtain any of the following information about you:

  • Juvenile delinquency
  • Adoption records
  • Child protection
  • Termination of parental rights
  • Guardianship
  • Civil commitments

A civil commitment occurs when a court finds a person incapable of acting in his or her best interest and orders that he or she be placed in a mental hospital until the situation improves. It is generally illegal for employers to discriminate against applicants or workers because of prior civil commitments.

Labels:

Criminal Law - Guide to Criminal & Penal Law